National Investigation Agency (Amendment) Act, 2019

1. Short title and commencement

(1) This Act may be called the National Investigation Agency (Amendment) Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

The provisions came into force with effect from 2 August 2019.

2. Amendment of section 1

In the National Investigation Agency Act, 2008 (the principal Act), in section 1, sub-section (2):

(i) in clause (b), the word "and" occurring at the end was omitted;

(ii) in clause (c), after the words "may be", the word "and" was inserted; and

(iii) after clause (c), clause (d) was inserted:

"(d) to persons who commit a Scheduled Offence beyond India against the Indian citizens or affecting the interest of India."

3. Amendment of section 2

In section 2(1)(h) of the principal Act, the expression referring to "a Special Court constituted" was replaced by "a Court of Session designated as Special Court".

4. Amendment of section 3

In section 3(2) of the principal Act, after the word "India", words were inserted so that the Agency may exercise powers outside India, subject to any international treaty or the domestic law of the concerned country.

5. Amendment of section 6

After section 6(7) of the principal Act, sub-sections (8) and (9) were inserted:

"(8) Where the Central Government is of the opinion that a Scheduled Offence has been committed at any place outside India to which this Act extends, it may direct the Agency to register the case and take up investigation as if such offence has been committed in India.

(9) For the purposes of sub-section (8), the Special Court at New Delhi shall have the jurisdiction."

6. Amendment of section 11

The Amendment revised section 11 to provide for designation of Courts of Session as Special Courts. The Central Government is to act in consultation with the Chief Justice of the relevant High Court and notify one or more Courts of Session as Special Courts for trial of Scheduled Offences.

It also inserted an Explanation defining "High Court" for this purpose; omitted former sub-sections (3) to (7); revised sub-section (8) concerning the judge and tenure-related wording; and substituted sub-section (9) so that where more than one Special Court is designated for an area or areas, the senior-most Judge distributes the business among them.

7. Amendment of section 22

Section 22 was amended to replace the earlier concept of constituting Special Courts with designation of one or more Courts of Session as Special Courts. Corresponding references to "constituted" in sub-sections (2), (3) and (4) were changed to "designated".

8. Amendment of Schedule

The Schedule to the principal Act was amended to include the Explosive Substances Act, 1908 and the Atomic Energy Act, 1962; update the reference to the Anti-Hijacking Act to the Anti-Hijacking Act, 2016; and expand serial number 8.

The 2019 text added references to sections 370 and 370A and sections 489A to 489E of the Indian Penal Code, section 25(1AA) of the Arms Act, 1959, and section 66F of the Information Technology Act, 2000.